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| No blanket exemption for women doctors from remote postings: CAT | | |
Early Times Report
JAMMU, Nov 3: The Central Administrative Tribunal (CAT), Srinagar Bench, has held that women doctors cannot claim blanket exemption from postings in remote and difficult areas merely on the ground of gender, observing that providing specialised healthcare to people living in far-flung regions is a constitutional obligation of the government.
Judicial Member M.S. Latif made these observations while disposing of an application filed by Dr Nusrat Nabi Lone, a Medical Officer specialising in Obstetrics and Gynaecology, challenging her temporary deployment from Sub-District Hospital Chadoora to Community Health Centre Dawar in Gurez.
The applicant had challenged the deployment order dated October 24, 2026, contending that it was arbitrary, discriminatory and contrary to the practice of deploying male doctors to remote areas.
Senior Advocate R.A. Jan, assisted by Advocate Waheed, appearing for the applicant, submitted that the deployment violated constitutional guarantees under Articles 14 and 16.
Opposing the application, Deputy Advocate General Syed Musaib submitted that the deployment had been approved by the competent authority and was necessary to ensure the availability of gynaecological services in Gurez during winter.
The government counsel also referred to the recent death of a pregnant woman while being shifted from Gurez to Bandipora Hospital, highlighting the urgent need for specialist healthcare facilities in the region.
The Tribunal observed that the right to health and timely medical treatment forms an integral part of the fundamental right to life guaranteed under Article 21 of the Constitution.
It held that transfer and deployment are administrative matters and ordinarily do not warrant judicial interference unless motivated by mala fides, issued by an incompetent authority or contrary to service rules.
The Tribunal, however, emphasised that the administration must consider the health conditions, physical vulnerabilities and family responsibilities of women employees while implementing difficult postings.
Declining to interfere with the deployment order, the Tribunal directed the authorities to decide the doctor's pending representation on medical and humanitarian grounds within seven days of receiving the judgment.
It further directed that the applicant shall not be disturbed from her present posting at Chadoora during the seven-day period and that the representation must be decided through a speaking order.
The Tribunal also directed that a copy of the judgment be forwarded to the Chief Secretary and Secretary, Health and Medical Education Department, J&K.. (JNF) |
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